Agenda 10/27/2015 Item #16D1 10/27/2015 16.D.1 .
EXECUTIVE SUMMARY
Recommendation to approve a Release of Declaration of Restrictions placed on a 2007 Community
Development Block Grant project with the Collier County Housing Authority for public
improvements and exterior rehabilitation to housing units at Farm Worker Village and Horizon
Village in Immokalee,Florida.
OBJECTIVE: To provide safe, decent and affordable housing to benefit low income residents.
CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) Community
Development Block Grant (CDBG) program funds locally defined needs for community services,
rehabilitation and infrastructure. The Collier County Consolidated Plan - One-Year Action Plan for
Federal Fiscal Year 2007-2008 for the CDBG Program was approved at the April 24,2007 Board meeting
(Agenda Item 16D13).
On September 25, 2007,the Board approved the subrecipient agreement with the Collier County Housing
Authority for the Public Improvement and Exterior Renovation Project (Agenda item 16D1.3). This
project included the removal of 47 existing roofs, testing for Lead Based Paint, installation and
replacement of any damaged roof underlayment, roof penetrations, boots, flashing, gutters, downspouts,
metal roofing, rotted fascia boards, insulation vents,trusses, soffits, site clean-up and disposal of debris at
Farm Worker Village and also installation of 32 streetlights and one roadway security light and
installation of two security lights at Horizon Village in Immokalee,Florida.
In accordance with the terms set forth in the Declaration of Restrictive Covenants, the period of
affordability is five years from the expiration of said agreement. The agreement expired on
December 31, 2008; therefore, the release was permitted any time after December 31, 2013. As part of
Community and Human Services ongoing monitoring process and in conjunction with the subrecipient it
was identified that the time had elapsed and the release was necessary and permissible.
DECLARATION OF RESTRICTIONS
FARMWORKER VILLAGE PUBLIC IMPROVEMENTS
4200160 OR: 4386 PG: 0700
Recorded in the Official Records of Collier County, FL
08/13/2008 at 03:27PM Dwight E. Brock, Clerk
Approval of this item will authorize the Chairman to sign the aforementioned release of Declaration of
Restrictions and the executed document shall be recorded in the Public Records of Collier County,
Florida.
FISCAL IMPACT: Ten dollars ($10.00) for recording fees paid by Collier County from Community
Development Block Grant(CDBG)within Housing Grant Fund(705)Project 33434.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board action. -JAB
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
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RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign the Release for a Declaration of Restrictions placed on a 2007 Community
Development Block Grant project with the Collier County Housing Authority for public improvements
and exterior rehabilitation to the housing units at Farm Worker Village and Horizon Village in
Immokalee, Florida.
Prepared By: Rosa Munoz, Grant Coordinator; Community and Human Services
Attachments:
1)CAO Stamped Release
2)Recorded Farm Worker Village Deed Restrictions
3) Scanned Executed Farm Worker Village Contract Amendment
4) Scanned Executed Agreement FWV-HV.
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10/27/2015 16.D.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.1.
Item Summary: Recommendation to approve a Release of Declaration of Restrictions
placed on a 2007 Community Development Block Grant project with the Collier County Housing
Authority for public improvements and exterior rehabilitation to housing units at Farm Worker
Village and Horizon Village in lmmokalee, Florida.
Meeting Date: 10/27/2015
Prepared By
Name: MunozRosa
Title: Grants Coordinator,Public Services Department
9/16/2015 11:25:17 AM
Submitted by
Title: Grants Coordinator,Public Services Department
Name: MunozRosa
9/16/2015 11:25:18 AM
Approved By
Name: KushiEdmond
Title: Accountant, Public Services Department
Date: 9/22/2015 10:28:11 AM
Name: Bendisa Marku
Title: Supervisor-Accounting,Public Services Department
Date: 9/23/2015 4:29:16 PM
Name: GrantKimberley
Title: Division Director-Cmnty&Human Svc, Public Services Department
Date: 9/26/2015 2:13:09 PM
Name: SonntagKristi
Title: Manager-Federal/State Grants Operation,Public Services Department
Date: 9/30/2015 2:20:32 PM
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Name: TownsendAmanda
Title: Division Director-Operations Support,Public Services Department
Date: 10/7/2015 1:06:29 PM
Name: RobinsonErica
Title:Accountant, Senior, Grants Management Office
Date: 10/12/2015 9:39:12 AM
Name: CarnellSteve
Title: Department Head-Public Services,Public Services Department
Date: 10/12/2015 10:39:23 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 10/13/2015 3:15:50 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/14/2015 9:35:55 AM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 10/15/2015 2:51:17 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/15/2015 3:37:44 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 10/16/2015 11:19:36 AM
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Prepared by:
Jennifer A. Belpedio, Esq.
Record and Return to:
Collier County Attorney's Office
3299 East Tamiami Trail, Suite 800
Naples, FL 34112
THIS SPACE FOR RECORDING
TERMINATION AND EXTINGUISHMENT
OF
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
FARMWORKER VILLAGE PUBLIC IMPROVEMENT
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned does hereby terminate and extinguish that certain Declaration of
Restrictions for Farmworker Village, dated August 5, 2008, and recorded in Official Records
Book 4386 at Page 0700 of the Public Records of Collier County, Florida, upon the following
described property, to wit:
It is bound by State Road 29, Section 11, Township 47, Range 29 that portion of NW 1/4 of NW
1/4 lying South Westerly of former ACLRR R/W & that part of W3/4 and NW 1/4 of NW 1/4
Lying North Easterly.
Collier County Tax Folio Number: 001 37120002
Address:
1800 Farmworker Way
Immokalee, FL 34142
IN WITNESS WHEREOF. the undersigned has caused these presents to he executed on the
dates set forth below.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TIM NANCE, CHAIRMAN
Approved for form & legality:
Jennifer A. Belpedio
Assistant County Attorney
115-SOC-00671;1208790/11 C �ty
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Prepared by and Return to:
V Collier County Housing& Human Services Department
3050 N. Horseshoe Drive,#110
Naples, Florida 34104
DECLARATION OF RESTRICTIONS,
Collier County Housing Authority. an independent district of the State of Florida, having
its principle office at 1800 Farm Worker Way, Immokalee Fl, 34142, hereinafter referred
to as "Declarant," for the properties described below, in consideration of Community
Development Block Grant (CDBG) funding in the amount of Three Hundred Fifty Seven
Thousand, Seven Hundred Fifty Dollars and 00 CENTS ($357,750.00) to be received
from Collier County Housing and Human Services Department, does hereby grant to the
County the following restrictions against the subject properties described as:
FARMWORKER VILLAGE PUBLIC IMPROVEMENTS
txt
It is bound by State Road 29. Section 11,Township 47, Range 29 that portion of NW1/4
of NW 1/4 lying South Westerly of former ACLRR R/W &that Part of W3/4 of NW 1/4 of
NW 1/4 Lying North Easterly.
C› F.
C`' Collier County Tax Folio Number: 00137120002
Dg C)
Address:
J• :3 ww �y
CC) C
1-; 1800 Farmworker Way
�• gy Immokalee, FL 34142
CD 71
1. This Declaration of Restrictions shall be deemed as covenants running with the land
and are binding upon the undersigned, their heirs, executors, successors, and assigns.
These restrictions can only be terminated if released by Collier County, acting through
and by its Board of County Commissioners, and only when executed with the same
formalities as this document, effective when recorded in the Public Records of Collier
n — County, Florida. Collier County is specifically granted the right to enforce this
W Declaration using all means lawfully available, and is entitled to such costs and fees as
may be required to enforce this Declaration.
2. The parties acknowledge that the Declarant has in the past, and may in the future,
borrow against the property herein. The parties there agree this Deed of Restrictions are
it subordinate now, and shall in the future be subordinate to any lien on the property by the
holders of the Declarant's outstanding bond indebtedness, the United States of America,
Department of Agriculture, Rural Development, or any other agency of the United States
p
of America, and in connection with any future bond indebtedness of the Declarant, or
..LS Fxi 1-1
a future loans. In the event the Declarant's current or future leaders should require a
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H al r4
yl Cg ,r, subordination agreement for lending purposes and the Declarant is in compliance with the
°a terms and conditions of the Declarations of Restrictions, the County shall not
c.e. ml unreasonably withhold its consent to said subordination agreement.
3. In consideration of the County's grant in the amount of$357,750.00 (in CDBG funds)
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as provided through a grant Agreement with the County dated September 25, 2007, the
Declarant hereby covenants and agrees to only use the subject property as described in
the Declarant's funding application to the County, and as described in said grant
Agreement, and as set forth below, for a period of five (5) years commencing with the
expiration date of said grant Agreement (as the term of such Agreement may be amended
from time to time).
4. The Declarant agrees, with regard to the use of the facility/property whose acquisition
or improvements were funded through the grant Agreement that for a period of five (5)
years after the closing date of said project (as the term of such Agreement may be
amended from time to time):
a. The Declarant may not change the use or planned use, or discontinue use,
of the facility/property (including the beneficiaries of such use) from that
for which the acquisition or improvements were made, unless the
Declarant provides affected citizens with reasonable notice of, and
cD. opportunity to comment on, any such proposed change and either:
i) The new use of the facility/property, in the opinion of the County,
qualifies as meeting one of the national objectives defined in the
regulations governing the CDBG program, and is not a building for
cfre the general conduct of government; or
c4 ii) The requirements of paragraph 4(b) of this section are met.
b. If the Declarant determines after consultation with affected citizens, that it is
appropriate to change the use of the facility/property to a use which does not
qualify under Paragraph 4(a)(1) of this section or discontinue use of the
facility/property, it may retain or dispose of the facility for such use if the County
is reimbursed in the amount of the current fair market value of the
facility/property less any portion thereof attributable to expenditures of non-
CDBG funds for acquisition of, or improvements to the facility/property.
e. Following the reimbursement of CDBG funds by the Declarant to the County
pursuant to Paragraph 4(b) above, the facility/property will then no longer be
subject to these restrictions once the County has recorded a release of these
restrictions as described above.
In the event of any proposed sale, conveyance or transfer of the subject property,
the Declarant must obtain approval of the County, through the Housing & Human
Service Department. Any approved sale or conveyance of the subject property by
the Declarant will be contingent upon the receipt of the payment by the County in
accordance with the provisions of Paragraph 4(b) above, or the receipt of a
commitment, executed by a subsequent owner acceptable to the County,
acknowledging its acquiescence to this Declaration.
5. The Declarant agrees to notify the County in writing through the Housing &
Human Services of any liens, judgments or pending foreclosure on the subject
property within five (5) working days of the receipt of said notice by the Declarant.
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6. Declarant shall submit to the County once each year a report detailing the
Declarant's compliance with the terms of the grant Agreement and this Declaration
of Restrictions.
7. Declarant relinquishes all rights to alter, amend, modify, or release the covenants
set forth in this Declaration prior to the completion of the five-year period
described above.
WITNESS our Hands and Seals on this 94 day of , 20 V e
___Auff ____
/ f
cD, Executed this -� ` day of � _ , 20 d-�
4
COLLIER COUNTY HOUSING
AUTHORITY
co
(CORPORATE SEAL) L MERALDA SERRATA, EXECUTIVE
DIRECTOR
c
v
STATE OF FLORIDA
COUNTY OF vt 1;42.<
The forgoing Agreement was acknowledged before me this day of
VItit.. (i.JA- ,20 0 A by eS w.2,1 .,1 ,,cc,,l-, , as t-Lcf-) Iii,
of C-Cj , who is \rsonally known me or has produced
as identificat'on and who did (did not)take an oath.
(Print or type name) (Signature)
Notary Public State of Florida at Large
My Commission expires: V( `a 01 Q I (NOTARY SEAL)
tt. '0' Not ary Public State of Florida
Eva Rivera i
00 f�frj My Commission DD650737
-.___ Expires 04/20/2011
{
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Exhibit A
Legal Description: Bound by State Road 29, Section 11, Township 47, Range 29 that
portion of NW 1/4 of NW '/4 lying SW of former ACLRR R/W&that Part of W3/4 of NW
'/4 of NW 1/4 Lying NElyly.
Address: 1800 Farmworker Way, Immokalee, FL 34142
C30
CD
o
C7
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EXHIBIT A-1 Contract Amendment# 1
2007 Public Improvements Agreement Between Collier County and the
Collier County Housing Authority
"Public Improvements to Farm Worker Village and Horizon Village" ;I
This amendment, dated r-..�
, 2008 to the referenced agreement shall be by and between the parties the nal Agreement, The Collier County Housing Authority (to be referred
to as Sub-Recipient)and Collier County,Florida,(to be referred to as"County").
Statement of Understanding
RE: Contract#B-07-UC-12-0016 Public Improvements Agreement between Collier County and
the Collier County Housing Authority(Public Improvements to Farm Worker Village and Horizon
Village)
In order to continue the services provided for in the original Contract document referenced above,the Sub-Recipient
agrees to amend the above referenced Contract as follows:
AMEND: Exhibit A, Section C, BUDGET to reflect a whole total dollar amount for all activities
(5357,750.00).
Note: Words t-ue through have been deleted,words underlined have been added.
Delete from BUDGET: $3-52,380:00 for Removal of existing roofing, Testing for Lead Based Paint installation_&
replacement of any damaged underlayment, roof penetrations, boots, flashing, gutters, downspouts metal roofing,
rotted fascia boards, insulation,vents,trusses,soffits, site clean-up and disposal of debris.
$5,22, 00 for Street Lights_Installation of approximately forty two(12)streetlights.
Add to BUDGET: $357,750.00 for a combined total for Removal of existing roofing(47 roofs),Testing for Lead
Based Paint, installation & replacement of any damaged underlayment, roof penetrations, boots, flashing, gutters,
downspouts metal roofing,rotted fascia boards, insulation,vents,trusses, soffits, site clean-up and disposal of debris
at Farm Worker Village. Installation of approximately 32 streetlights at Farm Worker Village and one roadway,and
two security lights at Horizon Village.
AMEND: Exhibit A,Section I,WORK SCHEDULE:
Milestone Deadline
"--0 . p e. • :.: ._ -- November 15,2007
November 30,2007
Roofs Replaced December April 30,2008
Street Lights October November,2007
Contact LCEC October 15,2007
Oversee Installation November 30,2007
Add to WORK SCHEDULE: The time frame for 100% completion of all activities itemized above is extended to
December 31,2008.
Original funded amount allocated for roofs was $352,500.00 and $5,250.00 for streetlights; No additional funding
required;Revised funded amount is to combine line items for same whole total of$357,750.00.
The Sub-Recipient agrees that this amends the original funding for the "Public Improvements to Farm Worker
Village and Horizon Village" project and that the Sub-Recipient agrees to complete the "Public Improvements to
1
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Exhibit A-1 Contract Amendment#1
Page 2 of 2
Farm Worker Village and Horizon Village"project as stipulated in original agreement(Three Hundred Fifty—Seven
Thousand, Seven Hundred and Fifty Dollars ($357,750.00) per Exhibit "A-1". This amendment shall extend the
Agreement through December 31,2008.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Sub-Recipient and the County have each, respectively, by an authorized
person or agent,hereunder set their hands and seals on the date(s) indicated below.
Accepted: th,tElq as ,2008
r '�
" ` " x OWNER:
ATTEST: ' '.,-„`
Dwight E. Brock,Clerk `. BOARD OF C UNTY CtMMISSIONERS
,..a COLLIER _JNTY, •T RIDA
.., 7 C.:6_, ?:._(' ....._____ i -
By:
` '' 's, as. to Tom Henning, Chairm. ..
S i anaitit . 1'N
Sub-Recipient:
The Collier County DEPARTMENT DIRECTO
Housi _tt;.uthority Ap
/ ..
By: aid i ...A. -__..,.. _,. LA% By: z,, ,
[r.meralda Serrata, ecutive Dire,tor Marcy ru bine
WITNESS: DIVISION ADMINIS '_; TOR
By: 'LY.-.`c_ I/tl f.„,-”, ;., Bt//./ ,; .A /�,II ie
y By 7 c. arla` arse/
Print Name and Title
CONTRACT, SPECIALIST
,. ,i
By.
rY f ,z2
Lii a Jackson-Best
l
Approved as to form and
Le 1 Sufficiency:0/1/0-.0A,--)1(1.ki,,,,.„.
Le
Assistant County Attorney
e /ems a C5' -1--
Printed Name
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AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HOUSING AUTHORITY
PUBLIC IMPROVEMENTS FOR
FARM WORKER VILLAGE & HORIZON VILLAGE
Catalog of Federal Domestic Assistance# 14.218
HUD Grant#B-07-UC-12-0016
THIS AGREEMENT,is entered into this 4770-day of ! , 202f by and between
Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and
"Collier County Housing Authority," a special independent district of the State of Florida, created in
accordance with Florida Statute Section 421.27 et seq., having its principal office at 1800 Farm Worker Way,
Immokalee, Florida 34142, and its Federal Tax Identification number as 59-1490555, hereinafter referred to as
the "SUB RECIPIENT."
WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and
Urban Development for a grant for the execution and implementation of a Community Development Block
Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community
Development Act of 1974 (as amended); and
WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily
benefit low and moderate income persons and neighborhoods and to alternatively use Community
Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
other activities which are related to neighborhood/community improvements; to improve the condition of life
for persons who require physical access or other services that meet their individual needs; and to provide for
long range community improvements by assessing current conditions and planning long range improvement
programs as described in the Consolidated Plan submission; and
WHEREAS, the Fiscal Year 2007-2008 Consolidated One-Year Action Plan was developed following the
Collier County Consolidated Plan–Citizen Participation Plan, adopted on January 9, 2001, April 25, 2006 and
April 24, 2007; and
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WHEREAS, The Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2007-2008 for the CDBG Program with
Resolution 2007-101 on April 24, 2007, including the use of this standard form Agreement; and
WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the
County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2007-2008 for the CDBG Program
and the use of the CDBG funds for the activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPEINT desire to provide the activities specified in Exhibit A of
this Agreement, in accord with the approved Annual Consolidated Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the
Community Development Block Grant (CDBG)Program as a valid and worthwhile County purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed
'^v the Parties as follows:
I. DEFINITIONS
(1) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(2) "CDBG" means the Community Development Block Grant Program of Collier County.
(3) "HHS" means the Housing and Human Services Department of Collier County.
(4) "SUBRECIPIENT" means Collier County Housing Authority
(5) "HHS Approval" means the written approval of the Housing and Human Services Department
or designee.
(6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a
person authorized to act on its behalf.
(7) "Low and moderate income persons" means the definition set by HUD.
(8) "Project" means the work contemplated to be performed as set forth in Exhibit "A".
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks
necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement
using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and
made a part hereof.
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III. TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the
timely release of funds for this project by HUD under Grant No. B-07-UC-12-0016. The effective date shall
be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken
and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be
completed by the SUBRECIPIENT prior to June 15, 2008. Any funds not obligated by the expiration date of
this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H
below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an
amount not to exceed THREE HUNDRED FIFTY SEVEN THOUSAND, SEVEN HUNDRED FIFTY
DOLLARS ($357,750.00) for the services described in Exhibit "A." In the event the project costs exceed the
stated amount, the SUBRECIPIENT shall be responsible for the excess.
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put
out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The
SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible
bidder. Contract administration shall be handled by the SUBREC]P1 FNT and monitored by the COUNTY,
which shall have access to all records and documents related to the project.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to Housing and
Human Services at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida
34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this
Agreement.
VI. SPECIAL CONDITIONS
The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part
570 of the Housing and Urban Development regulations concerning Community Development Block Grants
(CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT
further agrees to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available for specified activities.
VII. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES,
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in HHS'
Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth by HHS.
No payments will be made until approved by HHS Department or designee.
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Should a project receive additional funding after the commencement of this Agreement, the
SUBRECIPIENT shall notify HHS in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by the HHS Department
or designee within forty-five (45) days of said official notification.
B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any
applicable laws, regulations and orders listed below which by reference are incorporated and
made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws,
1. 24 CFR Part 570, as amended - The regulations governing the expenditure of
Community Development Block Grant funds.
2. 24 CFR Part 58 -The regulations prescribing the Environmental Review procedure.
3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of
historic and cultural properties.
4. '24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil
Rights Act.
5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which
establishes hiring goals for minorities and women on projects assisted with federal
funds.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972 - which prohibits discrimination in employment.
8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
9. Age Discrimination Act of 1973
10. National Flood Insurance Act of 1968
11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally
assisted construction contracts.
12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water
Pollution Acts.
13. Contract Work- Hours and Safety Standards Act
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14. Lead Based Paint Poisoning Preventive Act
15. Section 504 of the Rehabilitation Act of 1973
16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing
wages and the use of apprentices and trainees on federally assisted projects as mandated
by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is
included as part of this agreement and must be included in all construction contracts
funded by CDBG. See attachment A-3.
18. Revised Order Number 4 - Regulations that establish guidelines for the
implementation of Executive Order 11246 as amended by Executive Orders 11375 and
12086.
19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
20. Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79-45 - which prescribes goal percentages for participation of minority
businesses in Community Development Block Grant Contracts.
21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C.
276c), which deals with employee forfeiture of compensation by force.
22. Florida Statutes, Chapter 112 - which deals with conflict of interest.
23. HUD - required reports, circulars, and procedures, such as the Grantee Performance
Report.
24. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration
Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR
570.502.
26. OMB Circular A-133 - concerning annual audits.
27. OMB Circular A-122 - which identifies cost principles.
28. Section 109, Public Law 100-202 - which restricts the awarding of public works
contracts to firms from foreign countries with unfair trade practices.
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29. 24 CFR Part 84 - OMB Circular A-110 Codified in the Uniform Administrative
Requirements for Grants and Agreements With Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations.
30. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative
Requirements for Grants and Agreements to State and Local Governments.
C. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written
contract or agreement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federal guidelines and regulations. Prior to
execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically
include a determination of compliance with the terms of the attached Work Program set forth
in Exhibit"A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department and HUD.
Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee
contracts. All additional services shall have prior written approval with support documentation
detailing categories of persons performing work plus hourly rates including benefits, number of
drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for
such services will be made at SUBRECIPIENT cost.
None of the work or services covered by this Agreement, including but not limited to
consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by
the COUNTY without prior written approval of the HHS or his designee.
D. AMENDMENTS
The COUNTY may, at its discretion, amend this Agreement to conform to changes required by
Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall
be incorporated by written amendment as a part of this Agreement and shall be subject to
approval of the COUNTY. Except as otherwise provided herein, no amendment to this
Agreement shall be binding on either party unless in writing, approved by the COUNTY and
signed by each Party's authorized representatives.
E. INDEMNIFICATION
The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its
agents, its employees and elected officers harmless from and against any and all claims,
liability, expense, loss, cost, damages or causes of action of every kind or character, including
attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the
performance of the terms of this Agreement, or due to the acts or omissions of the
SUBRECIPIENT.
SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or
applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT
will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the
COUNTY is obligated to refund the Federal Government arising out of the conduct of activities
and administration of SUBRECIPIENT.
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F. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source. The SUBRECIPIENT will include a reference to the financial support herein
provided by HHS in all publications and publicity. In addition, the SUBRECIPIENT will make
a good faith effort to recognize HHS' support for all activities made possible with funds made
available under this Agreement. The SUBRECIPIENT will mount a temporary construction
sign for projects funded by HHS. This design concept is intended to disseminate key
information regarding the development team as well as Equal Housing Opportunity to the
general public. This signs construction utilizes a minimum conventional 4'X 8" plywood back
panel and other conventional construction materials and methods.
G. '1ERMINATION
In event of termination for any of the following reasons, all finished or unfinished documents,
data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital
equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned
to HHS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be
relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any
breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment
to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages
due to the COUNTY from the SUBRECIPIENT is determined.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its obligations
under this Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate this
Agreement in whole or part by giving written notice of such termination to the other party and
specifying therein the effective date of termination.
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party.
Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant
to this Agreement through and including the date of termination.
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that HIJD specifies.
H. INSURANCE
The SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
1. COMMERCIAL GENERAL LIABILITY
The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of
liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida
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Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual
Liability or Cross Liability unless granted by the County's Risk Management Department. The
SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
2. BUSINESS AUTOMOBILE LIABILITY
The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of
liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida
Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The
SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than
10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier
County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The
SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention
or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary
basis.
3. ADDITIONAL INSURED
The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG
2026 Additional Insured-Designated Person or Organization endorsement, or its equivalent, to
the Commercial General Liability. The Additional Insured endorsement shall read "Collier
County Board of County Commissioners,a Political Subdivision of the State of Florida, its
Officers, Employees, and Agents, c/o Housing and Human Services Department". The
SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a
primary basis.
4. CERTIFICATE OF INSURANCE
The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance
evidencing the required insurance is in full force and effect within thirty (30) calendar days
prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day
endeavor to notify due to cancellation or non-renewal of coverage shall be included on the
certificate(s).
5. RIGHT TO REVIEW AND ADJUST
The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk
Management Department, in cooperation with HHS Department, reserves the right to
periodically review, modify, reject or accept any required policies of insurance, including
limits, coverage's, or endorsements, herein from time to time throughout the life of this
Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any
insurer providing coverage because of its poor financial condition or failure to operate legally.
INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as
an independent agent and that its employees are not Collier County employees and are not
subject to the COUNTY provisions of the law applicable to County employees relative to
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employment, hours of work, rates of compensation, leave, unemployment compensation and
employee benefits.
VIII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A—110 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
other Non-Profit Organizations) and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENTATION AND RECORD -KEEPING
1. The SUBRECIPIENT shall maintain all records required by the CDBG Federal
Regulations. _
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose
of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHS. Upon completion of all work
contemplated under this Agreement copies of all documents and records relating to this
Agreement shall be surrendered to HHS if requested. In any event the SUBRECIPIENT
shall keep all documents and records for three (3) years after expiration of this
Agreement.
3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the
preparation of HUD Labor Relations, WBEMBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. SUBRECIPIENT shall submit monthly beneficiary reports to Housing & Human
Services using Exhibit"C".
5. The SUBRECIPIENT shall maintain records showing compliance with the Davis-
Bacon Law, including files containing contractor payrolls, employee interviews, Davis-
Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and
Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing
compliance with federal purchasing requirements and with other federal requirements
for grant implementation.
C. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A-110, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are
incorporated herein by reference.
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D. REPORTS, AUDITS, AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings identified
pursuant to this Agreement.
E. ADDITIONAL HOUSING & HUMAN SERVICES, COUNTY. AND HUD
REQUIREMENTS
HHS shall have the right under this Agreement to suspend or terminate reimbursement until the
SUBRECIPIENT complies with any additional conditions that may be imposed by HHS, the
COUNTY, or HUD at any time.
F. PRIOR WRtITEN APPROVALS-SUMMARY
The following activities require the prior written approval of the HHS Department or designee
in order to be eligible for reimbursement.
(a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT
pursuant to this Agreement;
(b) All capital equipment expenditures of$1,000 or more;
(c) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes,
Chapter 112.061);
(d) All change orders; and
(e) All requests to utilize uncommitted funds after the expiration of this agreement for
programs described in Exhibit A, and
(f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of
living.
G. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as HHS, the COUNTY, HUD, or the
Comptroller General of the United States may deem necessary, there shall be made available by
the SUBRECIPIENT to HHS, the COUNTY, HUD, or the " Comptroller General for
examination all its records with respect to all matters covered by this Agreement.
The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this Agreement and any subcontracts entered into under this
Agreement. This will require the SUBRECIPT .NT to submit a single audit, including any
management letter, made in accordance with the general program requirements of OMB
Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost
Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and
Non-Profit Organizations), and other applicable regulations within one hundred and eighty
(180) days after the end of any fiscal year covered by this agreement in which Federal funds
from all sources are expended. Said audit shall be made by a Certified Public Accountant of the
SUBRECIPTFNT's choosing. The SUBRECIPIENT shall provide such audit to HHS. In the
event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial
statements, the SUBRECIPIFNT shall request an extension in advance of the deadline. The
cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is
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exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and
Non-Profit Organizations), the COUNTY reserves the right to require submission of audited
financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as
defined in A-133. The COUNTY will be responsible for providing technical assistance to the
SUBRECIPIENT, as deemed necessary by the COUNTY.
H. PROGRAM-GENERATED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part by
funds provided hereunder must be reported to HHS. Such income would include, but not be
limited to, income from service fees, sale of commodities, and rental or usage fees. The
SUBRECIPIENT shall report its plan to utilize such income to HHS, and said plan shall
require the prior written approval of the HHS Department or designee. Accounting and
disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative
Requirement for Federal Grants) and other applicable regulations incorporated herein by
reference.
In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG
funds may be retained by the Agency. Program Income shall be utilized to undertake activities
specified in"Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to
stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its
sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no
later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to
utilize uncommitted funds.
GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not limited to; making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts to the COUNTY),
and determining the custodianship of records.
IX. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability,
national origin, religion, age, familial status, or sex be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this
Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right
to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the
Section 3 Clause of the Housing and Community Development Act of 1968.
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B. OPPORTUNITiFS FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and
minority/women-owned business enterprises of supplies and services, and provide these
sources the maximum feasible opportunity to compete for contracts to be performed pursuant to
this Agreement. To the maximum extent feasible these small business and minority/women-
owned business enterprises shall be located in or owned by residents of the CDBG areas
designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as
defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the
beneficiaries directly assisted through the use of funds under this Agreement must reside in
unincorporated Collier County or in municipalities participating in the County's Urban County
Qualification Program. The project funded under this Agreement shall assist beneficiaries as
defined above for the time period designated in Exhibit A of this Agreement. The
SUBRECIPIENT shall provide written verification of compliance to HHS upon HHS' request.
D. EVALUATION AND MONITORING
The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation
activities as determined necessary by HHS or the COUNTY and that the continuation of this
Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this
Agreement, comparisons of planned versus actual progress relating to project scheduling,
budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon
request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions
of such records and information, as is determined necessary by HHS or the COUNTY. The
SUBRECIPIENT shall, upon the request of HHS, submit information and status reports
required by HHS, the COUNTY or HUD on forms approved by HHS to enable HHS to
evaluate said progress and to allow for completion of reports required of HHS by HUD. The
SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined by HHS or HUD.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or
degree with the performance of this Agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict
of interest on the part of the SUBRECIPTF.NT or its employees shall be disclosed in writing to
HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of low and moderate-income residents of the project target
area.
F. PUBLIC ENTITY CRIMES
As provided in F.S. 287.133 by entering into this Agreement or performing any work in
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furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a).
G. DRUG-FREE WORKPLACE REQUIREMENTS
The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide
drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C.
701) and with HUD's rules at 24 CFR Part 24, subpart F.
H CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
'contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative Agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
REAL PROPERTY
Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be
subject to the provisions of the CDBG Regulations including, but not limited to, the provisions
on use and disposition of property. Any real property within the SUBRECIPIENT control,
which is acquired or improved in whole or part with CDBG funds in excess of$25,000, must
adhere to the CDBG Regulations at 24 CFR 570.505.
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ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements
insofar as they apply to the performance of the Contract:
1. Clean Air Act, 41 U.S.C., 7401, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended,
1318 relating to inspection, monitoring, entry, reports, and information, as well as other
requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant
to 40 C.F.R., Part 50, as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as
having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained as a condition of financial assistance for acquisition or construction
purposes (including rehabilitation). If appropriate, a letter of map amendment(LOMA) may be
obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood
insurance.
C. LEAD-BASED PAINT
The Subrecipient agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations
at 24 CFR 570.608, 24 CFR. Part 25 and 24 CFR part 92.355. Such regulations pertain to all
HUD-assisted housing and require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may include lead-
based paint. Such notification shall point out the hazards of lead-based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with lead-based paint
poisoning and the advisability and availability of blood lead level screening for children under
seven. The notice should also point out that if lead-based paint. is found on the property,
abatement measures might be undertaken.
D. HISTORIC PRESERVATION
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection
of Historical Properties, insofar as they apply to the performance of the Contract. In general,
concurrence from the State Historic Preservation Officer is required for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included, on a
Federal, state, or local historic property list.
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XI. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to conform to the terms and requirements of
applicable law.
XII. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG
funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds,
and any non-expendable personal property that was purchased with CDBG funds. Any real property
under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in
excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part
570.503(B)(8).
XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference.
XIV. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-three (23) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument.
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I. EN TII E UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.L.
WITNESS our Hands and Seals on this EA D day of ,/i hcV , 20 6rr. .
COLLIER COUNT `HOUSING AUTHORITY
Ilk
BY: AI1►:AU' ' IVA A i�.f.
(SUBRECIPIENT SEAL) ' 1 I RALDA SERR• TA,EXEC TVE
(Optional) DIRECTOR
A1'T ' '''''''..'.'; .%. BOARD OF COUNTY COMMISSIONERS
D.Vt G T E-33 CI ;CI.FRK OF COLJ.TFR COUNTY, FLORIDA
, n, r ti //
BY: — -- Jzc/o-
JAc S COLETTA, CHAIRMAN
sia atur, oniw
Appr. e. . t"e.!-"s d
lega w `v',y:
Jeffrey T. II.tzkow
Managing a istant County Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
COLLIER COUNTY HOUSING AUTHORITY,INC.
PUBLIC IMPROVEMENTS TO FARMWORKER VILLAGE
AND
HORIZON VILLAGE
THE SUBRECIPIENT AGREES TO:
A. PROJECT DESCRIPTION:
Collier County Housing Authority, Inc. will utilize CDBG funds for public improvements at Farm
Worker Village (FWV) and Horizon Village (HV), for the installation of approximately forty-two (42)
street lights and replacement of approximately forty-seven (47) roofs. Exterior rehabilitation of the
housing units will enhance the living conditions of residents and preserve the character of the
neighborhood.
B. PROJECT SCOPE :
The purpose of this funding is to benefit the low-income residents in Farm Worker Village and
Horizon Village neighborhoods through exterior rehabilitation and neighborhood security
enhancement.
The Subrecipient will be responsible for the following:
The creation and maintenance of income eligible files on clients served and documentation that all
households are eligible under HUD Income Guidelines. Submission of documentation of
Leverage/Match Funds listed under Budget in Section B prior to submittal of first Request for
Payment form.
Posting of visible signage at the work site identifying the funding source(s) as mentioned in section VII
part P. This is negotiable if the Housing Authority feels that identification of site impedes
improvements or occupancy.
The SUBRECIPIENT shall submit to Housing & Human Services a certification that all households
meet income qualification and residency requirements prior to request of final payment.
1. The anticipated annual household income of the participant shall be verified and not exceed the
income limits as mandated by the U.S. Department of Housing and Urban Development
(HUD).
2. The SUBRECIPIENT shall submit its forms/documents for income eligibility determination to
HHS and obtain a letter of approval prior to administrating the project.
NOTE 1: The SUBRECIP1FNT shall submit its bid package and drawings/specifications to HITS and
obtain a letter of approval prior to bidding the construction work. The final number of housing units
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to be improved and rehabilitated and final number of street lights installed must be reported to the
I-IHS staff as soon as the determination is made if it differs from the installation of forty-two (42)
street lights and the forty-seven (47)roofs replaced as listed in scope of services above.
NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a
manner that would allow the receipt of itemized costs from bidders, which would then allow the award
of items that can be funded by the budget.
NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until
sufficient funding is available to complete the established scope of work. The SUBRECIPIENT shall
obtain HHS's approval prior to awarding the construction contract to be funded through this
agreement. After awarding such contract the SUBRECIPIENT shall obtain HHS's approval prior to
executing any change orders to such contract.
NOTE 4: The SUBRECIPIENT shall not request advancement from HHS for materials or equipment
received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request
advancement for materials and equipment that have been installed.
NOTE 5: The SUBRECIPIENT shall submit certification that lead based paint does not exist on the
site by a certified lead based paint inspector.
The SUBRECIPIENT further agrees that HHS, in consultation with any parties HHS deems necessary,
shall be the final arbiter on the SUBRECIPIENT's compliance with the above.
C. BUDGET: Public Improvements to Farm Worker Village & Horizon Village
Eligible Activity: CDBG Funds Other
Removal of existing roofing, $352,500.00
Testing for Lead Based Paint
installation &replacement of any damaged underlayment,
roof penetrations, boots, flashing, gutters, downspouts
metal roofing, rotted fascia boards,
insulation, vents, trusses, soffits, site
clean-up and disposal of debris
Street Lights, Installation of approximately $5,250.00
forty-two (42) streetlights
$70,013.00
TOTAL BUDGET $357,750 $427,763.00
Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs
are charged, the SUBRECIPIENT, as SUBRECIPi.hNT, will develop an indirect cost allocation plan
for determining the appropriate SUBRECIPIENT's share of administrative costs and shall submit such
plan to HHS, on behalf of the COUNTY, as the Grantee, for HHS's approval, in a form specified by
HHS. In addition, HHS may require a more detailed budget breakdown than the one contained herein,
and the SUBRECIPIENT shall provide such supplementary budget information in a timely fashion in
the form and content prescribed by HHS. Any amendments to this budget must be approved in
writing by HHS and the SUBRECIPTRNT.
D. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing.
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E. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage
decision for the project prior to advertising the construction work. The SUBRECT1 t;NT shall
incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis-
Bacon Act in its construction bid solicitation and sub-contract(s).
F. BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB
Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in
regard to any bid guarantees,performance bonds, and payment bonds.
G. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at
least 5% on all construction draws which retainages shall be released in conjunction with the final
draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such
retainages until it has obtained approval from the COUNTY that the contractor and subcontractors
have complied with the requirements of the Davis-Bacon Act.
H. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in
the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds.
I. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
Milestone Deadline
RFP for Roof Replacement November 15, 2007
Select Contractor November 30, 2007
Roofs Replaced December-April 30, 2008
Street Lights October—November, 2007
Contact LCEC October 15, 2007
Oversee Installation November 30, 2007
Please note that if any of these activities exceed the timelines by two months a revised work schedule
must be submitted to HHS.
J. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to HHS outlining
the status of specific activities under the project. Each report must account for the total activity for
which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and which is required in
fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the
form Exhibit "C". The progress reports shall be used as an additional basis for HHS's approval of
invoices, etc. for payment. The SUBRECIPIENT shall submit certification that lead based paint does
not exist on the site by a certified lead based paint inspector.
K. OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE OUTCOMES ACTIVITY INDICATORS
DECENT HOUSING Affordability through the Public Improvements Number of units improved
improvements and repairs by forty seven(47)roofs
for safer and decent housing replaced, added
neighborhood security
through installation of forty
two(42)street lights
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EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Collier County Housing Authority,Inc.
Subrecipient Address: 1800 Farm Worker Way, Immokalee, FL 34142
Project Name: Public Improvements—Farm Worker Village &Horizon Village
Project No: CD 07-0 Payment Request#
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$ 357,750
2. Sum of Past Claims Paid on this Account
Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests
$
5. Amount of Today's Request
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) $
7. If applicable amount held as retainage to date
by the County, if not retained by the sub-recipient $
I certify that this request for payment has been drawn in accordance with the terms and conditions of the
Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for
Payment is not in excess of current needs.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor (approval authority under$14,999)
Dept Director (approval required$15,000 and above)
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EXHIBIT "C"
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing& Human Services staff by the 10`h of the following
month.
Status Report for Month of Submittal Date:
Project Name Public Improvements for Farm Worker Village &Horizon Village
Project Number CD 07- Activity Number
Subrecipient: Collier County Housing Authority, Inc.
Contact Person Essie Serrata,Executive Director
Telephone: 239-657-3649 Fax: (239) 657-7232
E-mail: cchafl@aol.com
1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project. Please list and
attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to the outcome measures listed on the application for this project.
5. Identify any potential issues that may cause delay.
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New contracts executed this month (if applicable):
Name of Contractor or Amount Contractor Race Ethnicity
Subcontractor, Address &Phone of Federal ID (see definitions on (see definitions on
Number Contract Number following page) following page)
7. For projects that serve a particular clientele, please complete the following information by entering the
appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients
served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by
either households or persons served. However, if one person received TWO services this counts as TWO
SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category (either "households" or
"persons"). Enter the number of beneficiaries in the blank space and in box "1."
INCOME
Of the households or persons assisted, are extremely low-income income (0-30%) of the current
Median Family Income (MFI). Enter this number in box "2."
Of the households or persons assisted, are very low-income (31-50%) of the current Median
Family Income(MFI). Enter this number in box "3."
Of these households or persons assisted, are low-income (51-80%) of the current Median Family
Income (MFI). Enter this number in box "4."
NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter this number
in box "5" below.
BOX 1 BOX 2 BOX 3 BOX 4 BOX 5
Total Number of Extremely Very Low Income Female Head of
Households or Persons Low Income Low Income (51-80%) Household
Assisted (0-30%) (31-50%)
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Subrecipients must indicate total beneficiaries for Race AND Ethnicity
Definitions of Race:
I. White: A person having origins in any of the original peoples of Europe, the Middle East, or North
Africa.
2. Black or African-American: A person having origins in any of the black racial groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent including, for example,Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands,Thailand, and Vietnam.
4. American Indian or Alaska Native: A person having origins in any of the original peoples of North
and South America(including Central America), and who maintains tribal affiliation or community
attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of
Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicity Beneficiaries
Race #Total #Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/Alaska Native and White
Asian and White
Black/African American and White
American Indian/Alaskan Native and Black/African American
Other Multi-Racial
TOTAL:
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